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In addition to 24 RCNY Health Code Article 81, all other applicable provisions of this Code, 24 RCNY Chapter 6, and Subpart 14-4 of Part 14 of the State Sanitary Code (10 NYCRR Chapter 1), or successor regulations, the provisions of this article shall apply to all mobile food vending operations, including, but not limited to, the sale of foods, and foods distributed without charge, from mobile food vending units on or in public, private and restricted spaces, both indoors and outdoors, including mobile food vendors and units that are regulated by the Administrative Code.
When used in this article:
(a) Charitable organization shall mean any charitable organization required to register with the State Attorney General that distributes food free of charge.
(b) Decal shall mean the identifying plate, insignia, seal or other identifying device that is placed on a mobile food vending unit by the Department, after the unit has been approved and inspected by the Department and authorizing use of the unit for mobile food vending.
(c) Food shall have the same meaning as in 24 RCNY Health Code Article 71.
(d) License shall mean the paper or other license document and photo identification badge issued to a mobile food vendor authorizing such person to sell food from a mobile food vending unit that has been issued a permit by the Commissioner.
(e) Material alteration shall mean an alteration that changes or results in a change in the size of the unit, or the replacement of any part of the body structure or equipment in a mobile food vending unit including, but not limited to, any food contact surface or non-food contact surface, and plumbing equipment such as sinks, potable and waste water tanks. A tire change or repair, replacement of the axle, or straightening a dent in a panel shall not be considered a material alteration.
(f) Mobile food commissary shall mean a food service establishment or a non-retail food service establishment, as those terms are defined in 24 RCNY Health Code Article 81, or other facility approved by the Department that complies with 24 RCNY Chapter 6, which provides any of the following services to one or more mobile food vending units:
(1) Storage of the unit when the unit is not being used for vending;
(2) Cleaning and sanitizing of the unit;
(3) Cleaning and sanitizing of the equipment and utensils used on a unit;
(4) Disposing of liquid and solid wastes and refuse generated by the operation of a unit; or
(5) Supplying of potable water and food, whether pre-packaged by the manufacturer, or prepared at the commissary, and furnishing of non-food supplies.
(g) Mobile food vending shall mean setting up to sell, and preparing, storing, holding and selling food, or distributing food free of charge, to the public from a mobile food vending unit.
(h) Mobile food vending unit shall mean a food service establishment as defined in 24 RCNY Health Code Article 81 located in a pushcart or vehicle, self or otherwise propelled, used to store, prepare, display, serve or sell food, or distribute food free of charge to the public, for consumption in a place other than in or on the unit. Any such pushcart or vehicle shall be deemed a mobile food vending unit whether operated indoors or outdoors, on public, private or restricted space. A mobile food vending unit shall not mean a stand or a booth.
(i) Mobile food vendor shall mean a person who sells or offers for sale food, or distributes food free of charge, from a mobile food vending unit in any public, private or restricted space.
(j) Operate or operation of a mobile food vending unit shall mean setting up, preparing, storing, holding and selling food, or distributing food free of charge, from a mobile food vending unit.
(k) Permit shall mean the paper or other permit document authorizing the use of a specific mobile food vending unit to sell or distribute food, and the decal affixed to the unit by the Department after such unit has passed a pre-permit inspection.
(l) Potentially hazardous foods shall have the same meaning as provided in 24 RCNY Health Code Article 81.
(m) Private space shall mean all privately owned or leased property where use of the property for commercial purposes, including mobile food vending, is restricted to persons who have the written permission of the owner or lessee of the property.
(n) Public space shall mean all publicly owned property between the property lines on a street as such property lines are shown on City records including, but not limited to, a park, plaza, roadway, shoulder, tree space, sidewalk or parking space between such property lines.
(o) Pushcart shall mean a wheeled device, not required to be licensed as a vehicle, that is equipped in accordance with this Article and that is approved by the Department for use as a mobile food vending unit. Pushcart shall not mean a stand or booth.
(p) Restricted space shall mean publicly owned property where the owner or the lessee has the right to restrict or limit commercial activity, including mobile food vending.
(q) Service, servicing or providing services to a mobile food vending unit shall mean providing the services listed under subdivision (f) of this section, at a mobile food commissary, or other facility approved by the Department in accordance with 24 RCNY Chapter 6.
(r) Temporary mobile food vending permit shall mean a seasonal permit issued for operating a mobile food vending unit from April 1 to October 31 in a calendar year.
(s) Vehicle shall mean a motor vehicle or trailer, as defined in the Vehicle and Traffic Law, equipped in accordance with this Article and 24 RCNY Chapter 6.
(t) Volunteers shall mean persons who provide services free of charge to charitable organizations that operate mobile food vending units distributing food free of charge.
(a) Mobile food vending units. No person, including a charitable organization, shall operate a mobile food vending unit in any public, private or restricted space without a permit issued by the Commissioner and a decal issued and placed on the unit by the Department after inspection by the Department.
(1) No mobile food vending unit permit or decal shall be issued until the Department determines, upon inspection, that the unit is of sanitary construction and design, and equipped with sanitary facilities for mobile food vending in accordance with 24 RCNY Chapter 6.
(2) The permittee shall provide proof satisfactory to the Department that the mobile food vending unit is supplied and serviced at a mobile food commissary permitted by the Commissioner, or other facility approved by the Department in accordance with 24 RCNY Chapter 6.
(3) Only a currently licensed mobile food vendor may apply for or hold a mobile food vending unit permit.
(b) Permit and decal. After a mobile food vending unit passes a pre-permit inspection by the Department, as defined in 24 RCNY Chapter 6, and a decal is affixed by the inspector conducting the inspection, the Commissioner shall issue a permit document to the permittee provided that the applicant has satisfied all other applicable requirements.
(c) Material alterations prohibited. A mobile food vending unit shall not be materially altered after it has been inspected by the Department and the Department has attached a permit decal. Any material alteration of a mobile food vending unit after it has been inspected by the Department shall automatically void the permit issued to that unit. When an employee of the Department determines that a unit has been materially altered, such employee shall remove the decal and seize the vendor's permit and the Department may revoke or suspend such permit in accordance with 24 RCNY Health Code § 89.33.
(d) Ice cream trucks. No decal shall be issued for any vehicle to be used to vend ice cream and other frozen desserts unless such vehicle is equipped with fully operational warning beepers and signage arms required by the State Vehicle and Traffic law and the rules promulgated thereunder.
(e) Mobile food commissaries. No person shall maintain or operate a mobile food commissary that services City mobile food vending units unless such commissary holds a current permit issued by the Commissioner, the Department of Agriculture and Markets, or the permit issuing official of a jurisdiction outside New York State in which the commissary is located.
(a) License required. No person shall operate a mobile food vending unit in any public, private or restricted space without having first obtained a license issued by the Commissioner. A new or renewal license shall be issued when a complete application and all documentation required by this Code and other applicable law have been submitted, and the Commissioner has determined that the applicant is eligible to hold such license.
(b) Food protection course. No mobile food vendor license shall be issued to any person unless such person submits proof satisfactory to the Department that he or she has successfully completed a food protection course in accordance with 24 RCNY Health Code Article 81.
(c) Charitable organization volunteers. Volunteers for charitable organizations operating mobile food vending units that distribute food free of charge shall not be required to hold a mobile food vendor license, but shall be required to present proof prior to vending, of satisfactory completion of a food protection course approved by the Department.
(d) Documentation required. No person shall operate any mobile food vending unit unless the badge issued to such person by the Department is conspicuously displayed on his or her outer clothing, and is carrying both the original food vendor license issued to such person and the original mobile food vending unit permit documents. Such license and permit shall be exhibited upon demand to any police officer, Department employee or agent, or other authorized officer, employee or agent of the City. Until the permit document is received by the permittee, the operator of the mobile food vending unit shall have in his or her possession the original pre-permit inspection report of the Department, indicating that a permit has been approved for issuance to the permittee.
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